ARTICLE 1 – THE PARTIES AND SUBJECT OF THE CONTRACT
1.1. INFORMATION ON THE SELLER Title : MEHMET ACAR (REDLAVİ) Address : NİŞANTAŞ MH: DR. HULUSİ BAYBAL CD. NO: 5 İÇ KAPI NO:315 SELÇUKLU / KONYA Telephone : +90 532 724 9876 Email : [email protected]
1.2. INFORMATION ON THE BUYER
Recipient information will be included in the payment page.
1.3. This contract determines the rights, legislation between and obligations of the parties per the Law 6502 on Protecting Consumer Rights and the Distant Contracts Regulation concerning the sale and delivery of goods and services that the BUYER, whose detailed information is provided above, has purchased from the redlavi.com website (referred to hereafter as “WEB SITE”) being operated by the SELLER presenting goods and/or services.
1.4. The BUYER hereby accepts and declares per the provisions of this Contract that they are aware of the basic features of the good or services being sold, the sales price, the payment form, the deliver terms and all preliminary information and their right to forfeit concerning the goods or services and have verified this preliminary information in electronic format and then ordered the goods or services. The preliminary information form and bill that is on the payment page of the redlavi.com website are inseparable parts of this contract.
ARTICLE 2 – THE DATE THE CONTRACT GOES INTO FORCE
This contract has been executed on the date [●] that the BUYER completed the order on the WEBSITE and a copy of the contract has been sent to the BUYER.
ARTICLE 3 – THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CONTRACT
The basic features or the product and service ordered by the BUYER, the cash sales price including taxes and the number of items information has been specified below. All of the products specified in the table below are defined as “PRODUCTS” hereinafter.
ARTICLE 4 – PRODUCT DELIVERY
4.1. The PRODUCT shall be delivered to the address specified by the BUYER on the WEBSITE or to the person/company they specify, with its invoice packaged and in good condition within 30 (thirty) days at the latest.
4.2. If the PRODUCT is to be delivered to someone other than the BUYER, the SELLER shall not be responsible for the person/company being delivered to not accepting the delivery.
4.3. The BUYER is obligated to check the PRODUCT on delivery and in case they encounter a problem with the PRODUCT caused by the delivery company, they must refuse to accept the PRODUCT and have the cargo company authority make a record of this. Otherwise the SELLER shall not accept responsibility.
ARTICLE 5 – FORM OF PAYMENT
5.1. The BUYER shall select the form of payment for the PRODUCT on the WEBSITE payment screen.
5.2. Before confirming the order, the BUYER shall accept and declare that they have been clearly and comprehensively informed by the SELLER about the payment obligation for the order under this Contract.
5.3. The BUYER must fill out all the credit card information in full to pay by credit card. Credit Card payment can be paid in one transaction as well as in installments over a specific term. The relevant provisions in the contract signed between the BUYER and the Bank shall apply in payments made in installments. The Bank may offer specials in which there are more installments that what the BUYER has chosen available for payment or they may provide installment deferring options. Such offers are subject to the Bank’s discretion. The BUYER hereby accepts, declares and undertakes that since term extended sales are only available using bank credit cards they will confirm additionally the information provided by their Bank concerning interest rates and default interest and that the interest and default interest shall be applied in the scope of the credit card contract between the BUYER and the Bank. The term extended/installment payment options provided by companies that give credit cards, installment cards, etc. like banks and finance companies are installment options provided by credit and/or directly by the finance company; PRODUCT sales that take place under this framework and for which the SELLER collects the entire cost of the PRODUCT are not considered payment in installments in terms of the parties of this contract, they are cash upfront sales. The legal rights of the SELLER concerning sales considered to be in installments (including the right to terminate the contract and/or demand payment of the remaining debt if any one of the installments are not paid) exists and is reserved. The default interest in this case is subject to the provisions of the contract between the Bank and the BUYER.
ARTICLE 6 – GENERAL PROVISIONS
6.1. The BUYER hereby accepts that they have read and been informed on the basic features, sales price and payment terms of the products presented on the WEBSITE and given the necessary confirmation for sale in electronic form.
6.2. By confirming this contract in electronic form, the BUYER confirms, before execution of the distant contracts, that the address required to be given to the consumer by the SELLER, the basic features of the products being ordered, the unit and tax included price of the products and the payment and delivery information have been received correctly and in full.
6.3. The SELLER is responsible for making sure the product that is the subject of the contract is delivered in good condition, in full, according to the features specified in the order and with any warranty and user instructions if any. There is no dispatch restriction applied concerning the specified delivery obligation.
6.5. If it becomes impossible to provide the product or service that is the subject of the contract and the SELLER is unable to fulfill its obligations, they shall notify this, their obligation of execution generated by the contract, to the BUYER and if deemed suitable by the BUYER they may supply a different product with the same quality and price. If the BUYER does not make such a demand the cost that has been collected shall be returned to the BUYER within the legal period.
6.6. The product order process must be completed and the payment must be made in the form chosen by the BUYER in order for the PRODUCT that is the subject of the contract to be delivered. If the cost of the product is not paid for any reason or if the payment/collection is cancelled by the Bank for any reason, the SELLER shall be considered to be released from their obligation to deliver the product.
6.7. If, after delivery of the PRODUCT, the PRODUCT cost is not paid to the SELLER by the bank/finance company the credit card being used for the transaction, the PRODUCT shall be returned to the SELLER by the BUYER at their own cost within 3 (three) days at the latest. All of the SELLER’s other contractual-legal rights including pursuing the cost of the PRODUCT is reserved additionally and in any case.
6.8. If the PRODUCT cannot be delivered within the specified term or it becomes apparent that it will be impossible for the delivery to be made in this time due to extraordinary circumstances outside of normal sales (force majeure situations like weather conditions, earthquake, flood and fire) the SELLER shall inform the BUYER. In this case, the BUYER has the right to cancel the order within the rules of forfeit in 14 (fourteen days) and also within this period order a similar product or wait until the force majeure situation ends. In the event of order cancellations, if the cost of the order has been paid, the amount is refunded to the BUYER within 14 (fourteen) days. When payment has been made by credit card the amount is refunded to the BUYER’s credit card.
6.9. The BUYER may submit complaints on this subject through Customer Services, for which the contact information is on the WEBSITE, or directly to the contact addresses of the SELLER that are specified above.
ARTICLE 7 – RIGHT TO FORFEIT
7.1. The SELLER hereby accepts and declares that the BUYER has the right to refuse the PRODUCT by forfeiting the contract without undertaking any legal or punitive responsibility and without providing any reason within 14 (fourteen) days as of the date that they or third parties specified by the BUYER takes delivery of the PRODUCT.
7.2. In order to exercise their right to forfeit as described above, the BUYER must, within the 14 (fourteen) days period specified above submit a written notification to the communication channels of the SELLER specified above and return the PRODUCT to the SELLER or the provider or to other authorized individual within 10 (ten) days as of the date that the notification is submitted. If this right is exercised, a cargo delivery record confirming that the PRODUCT has been sent to the 3rd party or SELLER and the original bill must also be returned. Within 14 (fourteen) days as of receipt of the notification that the forfeit right is being exercised, the SELLER shall refund all of the costs that have been collected, including the delivery expenses if any, to the BUYER. The SELLER shall provide the refund in this scope in accordance with the payment instrument the BUYER has used to purchase the PRODUCT and at one time. Therefore refunds on payments made by credit card shall be returned to the BUYER’s credit card.
7.3. Per tax law, if the original bill is not sent, VAT and other legal obligations, if any, shall not be refunded. The cargo fee for the returned product shall be borne by the BUYER.
7.4. The obligation to prove use of the right to forfeit belongs to the consumer.
ARTICLE 8 – PRODUCTS ON WHICH THE RIGHT TO FORFEIT SHALL NOT BE USED
8.1. PRODUCTS that are produced according to the special demands and requests of the BUYER or have been customized with changes or additions or cannot be returned due to the nature of the product, or are subject to rapid spoiling or may possibly exceed the expiration date, or are single use products or software and programs that can be copied, cannot be the subject of the BUYER forfeiting.
8.2. Being able to return the products specified below depends on if the product packaging is unopened, unspoiled and the product is unused and untried:
All Cosmetic Products – Under Garments – All Personal Care Products – All types of software and programs – DVD, VCD, CD and cassettes – Computer and stationary consumable supplies (toner, cartridge, strips, etc.)
ARTICLE 9 – EVIDENTIARY AGREEMENT AND AUTHORIZED COURT
9.1. The SELLER records (including records in magnetic format like computer-voice records) shall constitute conclusive evidence in the resolution of all conflicts that may arise from this contract or application thereof; up to the value announced per the Ministry of Customs and Trade and relevant laws the Consumer Arbitration Committees and at values exceeding such amounts the Consumer Courts and Execution of Debt Offices at the location where the BUYER and SELLER reside are authorized.
9.2. The BUYER hereby accepts, declares and undertakes that they have read all the conditions and explanations written in the pre information form that is an inseparable part of this contract, received, examined and accepted all information on the sales conditions, exercising their right to forfeit and all other preliminary information.
